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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump Can't Stop Confessing
https://www.theatlantic.com/ideas/archive/2018/12/trump-cant-stop-confessing/577837/Trump Cant Stop Confessing
Proving white-collar crimes is an exceedingly difficult task for prosecutors. Trump is doing his best to make it easier.
6:00 AM ET
Adam Serwer
Staff writer at The Atlantic
snip//
It is a big deal that prosecutors concluded that Trump directed Cohen to commit crimes. The one note of caution is that if prosecutors wanted to charge Trumpand we cant draw any conclusions from this sentencing memo about whether they willthey would also likely have to show that he knew what the laws were, and willfully violated them anyway, said Brendan Fischer of the Campaign Legal Center. Demonstrating Trumps knowledge of anything could be a challenge.
Fortunately, Trump is here to help. On Monday morning, the president said on Twitter that the payments were a simple private transaction, and that it was his lawyers liability if he made a mistake, not me. If the president took this view of the law at the time he made the payments, he might be guilty of a felony.
We still dont know what Trump knew about the law in 2016, says Fischer. But Trump and his lawyers should be concerned if Trumps view of campaign-finance law in 2016 was similar to the view expressed in his 2018 tweet.
Although the tweet by itself will have little legal impact, it goes to a pattern of deception concerning the presidents conduct. After all, he has lied publicly not only about his alleged affairs and the payments he made to conceal them. He has also lied to the public about his business interests in Russia, he crafted a false account of the Trump Tower meeting in which his son Donald Trump Jr. sought dirt on Hillary Clinton from Russia, and he put forth a false cover story for firing former FBI Director James Comey, saying that Comey was fired for abusing his authority in the Hillary Clinton email investigation.
Few defendants admit that they knew they were breaking the law. So prosecutors ordinarily prove the defendants state of mind circumstantially, by asking the jury to draw inferences from the defendants words and deeds, said Bruce Green, a law professor at Fordham and a former associate counsel in the investigation of the Iran-Contra affair. One of the traditional ways of proving intent is through statements or actions that demonstrate consciousness of guilt. And one of the traditional ways of showing consciousness of guilt is through lies and cover-ups.
If prosecutors want to convict politicians of bribery or campaign-finance violations, perjury, or obstruction of justice, they need to meet the extraordinarily high burden of showing what the defendant was thinking. But if prosecutors want to, say, charge a person with possession of drugs with intent to distribute, they need only certain circumstantial evidence: A particular quantity of drugs, combined with any number of common household items, such as a scale or plastic sandwich bags, will often suffice for a jury to convict.
snip//
Thats what makes Trumps behavior so remarkable. Given every advantage conferred on the wealthy and connected, including being the president of the United States, Trump cant help but provide both the public and the authorities investigating him and his campaign with knowledge of his state of mind. Proving guilt in white-collar crime is an exceedingly difficult task for prosecutors. Trump is doing his best to make it easier.
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Trump Can't Stop Confessing (Original Post)
babylonsister
Dec 2018
OP
global1
(25,250 posts)1. I Seem To Recall People Saying That Ignorance Of The Law....
was no excuse.
AJT
(5,240 posts)2. Proving guilt in white-collar crime is an exceedingly difficult task for prosecutors.
Why?
bitterross
(4,066 posts)3. When did ignorance of the law become a defense?
As a candidate for the President of the US he had a duty to know the law. He has a staff of how many freaking lawyers?
No, no, no, I'm not going to accept him being innocent because he didn't know the law.